Summary: We will not investigate this complaint about the Council’s consideration of the layout of a development where the complainant lives. We consider an investigation will not lead to a different outcome.

The complaint

1. Mr X complains the Council refuses to apply the government’s rules on unadopted roads.
2. He wants the Council to require the developer to modify the road where he lives.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X bought his house off plan. He says after a few months the developer installed railings on a footpath next to his drive. Because of the railings he cannot park two cars side by side on his driveway as there is not room to get out. Mr X also says he cannot reverse onto his drive
7. The Council confirms there is no breach of planning control on the site and the railings were part of the approved plans.
8. The developer confirms the railings were on the planning information which Mr X was aware of before he occupied his home.
9. I understand Mr X believes the layout of the road does not follow government guidance. However the highways department did not object to the layout before the Council granted planning permission in 2021.
10. We will not investigate this complaint as the Council granted planning permission in 2021 There is nothing worthwhile to gain by an investigation.

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Final decision

11. We will not investigate Mr X’s complaint. We consider there is no worthwhile outcome from an investigation because:
• The highways department had no objections to the road layout.
• The Council granted planning permission for the development in 2021 and it confirms there is no breach of planning control on the site.
• Mr X was informed of the layout of the development before he bought his property. In English law, there is a principle of ‘caveat emptor’ which translates as “let the buyer beware”. The rule places the responsibility on the buyer and their solicitor to carry out all necessary due diligence before deciding to proceed with a purchase.

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Investigator's decision on behalf of the Ombudsman